<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT.<br /> <br /> <br /> <br /> This complaint is filed by the complainant for realizing Rs.365/- towards leave benefits and Rs.250/-. As compensation with interest and cost.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> <br /> The complainant is a consumer who is working as an Employee in the Co-operative Spinning Mill, Chathannoor, coming within the purview of Employees State Insurance Act. On 17,10.2003 the complainant was admitted in Mannil Hospital and continued as an impatient. The complainant submitted leave application to the 2nd opp.party, opp.party 2 and 3 refuse to sanction leave to the complainant . With the result that the complainant sustained loss at the rate of Rs. 73/- per day. The complainant reported the matter to opp.party 1 and 2 who also take any action. Hence the complaint.<br /> <br /> The opp.party filed a version contending, interalia, that the complaint is not maintainable either in law on or facts. The complainant has filed OP.567/2003 earlier for the same relief which was dismissed by the Forum on 18..4..2005. Thereafter he is filed the present complaint surprising that aspect the complainant is an employee registered under the ESI Scheme and he was entitled to the ESI benefits. An employee who is registered under the ESI scheme has approached that the Doctor under the whom he is registered and the doctor is satisfied that the employee is suffering from any illness he will ill necessary certificate that effect. The complainant herein as lno joining to the ESI hospital, Ezhukone or the Taluk hospital, Kollam an employee who is an included in the ESI scheme can undergone treatment in a private hospital only under circumstances and the complainant herein will no come in the above circumstances. The complainant has filed a complainant as a experimental one the one as no cause of action and hence against the opp.party prays to dismiss the complaint.<br /> <br /> <br /> Points that would arise for consideration are:<br /> [I] Whether the complaint is maintainable before this Forum t<br /> [II] Whether there is deficiency in service on the part of the opp.parties<br /> [III] Reliefs and costs.<br /> <br /> <br /> <br /> <br /> <br /> Points: The grievance of the complainant is that we have undergone treatment at the Mannil Hospital evidenced by Ext.P1 and though he had applied for leave. The 2nd opp.party did not have the benefits which he is lawful entitled to get. The result that he sustain loss of Rs.365/- . Admittedly the complainant is registered under the Employees State Insurance Scheme. The complainant has no satisfactory explanation as to while he has not approached the ESI hospital, Ezhukone for treatment during the period in which he was admitted in the Mannil Hospital. Whether he ought to have for treatment. There is no satisfactory explanation as to why he did not approached the Doctor under who he is registered . There is no absolutely necessary to show that there was any emergency for seeking treatment for a private hospital. He has also no case that he is referred to that hospital by the ESI hospital under section75 II [f] any claim for recovery admissible under this Act has to be filed before the employees Insurance Court which along as jurisdiction to adjudication as there aspects. And the Consumer Disputes Redressal Forum as no jurisdiction to adjudication upon the issue in Kishore Lal V/s. ESI Corporation [2007] [2] KLT 979 [SC] It is the above held that the Consumer Forum has jurisdiction only in respect of claims for damages for medical negligence along. The complainant herein absolutely no case that there is any medical negligence on the part of the opp.parties. But he is making claim for the recovery certificate benefits admissible under the Act for which has already pointed out he has to approach the Employees Insurance Court. Point found accordingly.<br /> <br /> <br /> <br /> <br /> <br /> <br /> In the result the complainant is dismissed no costs.<br /> <br /> <br /> Dated this the 8th day of May, 2008<br /> <br /> <br /> <br /> <br /> I N D E X<br /> <br /> <br /> <br /> List of witnesses for the complainant<br /> <br /> P1. – O.P. card of Mannil Hospital for X-ray<br /> P2. – Benefit payment docket<br /> P3. –Letter sent by complainant to the 1st opp.party.<br /> P4. – Certificate of posting<br />